The applicant brought a motion to dismiss the respondent's appeal for delay, and the respondent brought a cross-motion to extend the time to perfect her appeal.
The respondent was appealing a summary judgment order that found the child in need of protection, placed the child in extended society care, and denied her access.
The court applied the test for extending time to perfect an appeal and found that the respondent provided no explanation for the delay, there was prejudice to the child in further delay, and the evidentiary record supported the motion judge's conclusions.
The respondent's motion to extend time was dismissed, and the applicant's motion to dismiss the appeal for delay was granted.